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(영문) 대전지방법원 2021.03.25 2021고단224
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Records] On January 14, 2021, the Defendant was sentenced to imprisonment with prison labor for a violation of road traffic law (drinking driving) at the Daejeon District Court on January 14, 202, and the judgment became final and conclusive on January 22, 2021.

[Criminal facts]

1. On December 13, 2020, the Defendant: (a) driven a DNA car with alcohol level of 0.108% while under the influence of alcohol level of 0.108% on the road front of the Daejeon-gu Daejeon, Daejeon-gu, Daejeon-gu, on December 22:30, 202, without obtaining a driver’s license.

Accordingly, the Defendant violated the prohibition of drinking at least twice, and simultaneously driven without obtaining a driver's license.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of a DNA car.

No motor vehicle owner shall operate any motor vehicle that has not purchased mandatory insurance for motor vehicles.

Nevertheless, the Defendant operated the said vehicle as described in paragraph 1, which was not covered by mandatory insurance at the time and place mentioned in paragraph 1.

Summary of Evidence

1. The defendant's legal statement notification of the result of regulating the driving of drinking alcohol, the statement of the driver's situation, the details of the investigation into the ledger of driver's license (E. counter-investigation into the counter-investigation into the insured) E insurance, the field photograph of the enforcement site photograph, and the previous conviction in the judgment of mandatory insurance: the application of reference materials by the prosecutor on March 12, 2021

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes shall be imposed according to the choice of imprisonment with prison labor, respectively.

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